CANON 3

A LAWYER IN MAKING KNOWN HIS LEGAL SRVICES SHALL USE ONLY TRUE, HONEST,
FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

It is not unethical for a lawyer to make known his legal services.

However, he must do so only by using true, honest, fair, dignified and objective
information or statement of facts.
The practice of law is not a trade like the sale of commodities to the general
public where the usual exaggerations in trade, when the other party had the
opportunity to know the facts, are not in themselves fraudulent (Art. 1340, NCC).
RULE 3.01
A LAWYER SHALL NOT USE OR PERMIT THE USE OF ANY FALSE, FRAUDULENT,
MISLEADING, DECEPTIVE, UNDIGNIFIED, SELF-LAUDATORY OR UNFAIR STATEMENT OR
CLAIM REGARDING HIS QUALIFICATIONS OR LEGAL SERVICES.

In Re: Tagorda
53 Phil. 37
Held: Atty. Tagorda contributed cards where he advertised that:
As a notary public, he can execute for you a deed of sale for the purchase of land as
required by the cadastral office, can renew lost documents of young animals, can
make your application and final requisites for your homestead, and execute any kind of
affidavit. As a lawyer, he can help you collect your loans, altogether long overdue, as
well as any complaints for or against you. He offers free consultation and is willing to
help the poor.
HE WAS SUSPENDED.
RULE 3.02
IN THE CHOICE OF A FIRM NAME, NO FALSE, MISLEADING OR ASSUMED NAME SHALL BE
USED. THE CONTINUED USE OF THE NAME OF A DECEASED PARTNER IS PERMISSIBLE
PROVIDED THAT THE FIRM INDICATES IN ALL ITS COMMUNICATIONS THAT THE SAID
PARTNER IS DECEASED.

No name not belonging to any of the partners or associates may be used in the firm
name for any purpose.
The use of a cross after the name of the deceased partner is sufficient indication. It is
advisable though that the year of the death be also indicated.
This rule, in effect is an abandonment of the Ruling in Sycip case.
Name of a partner in law firm should be dropped if appointed as judge; other positions.
Main law office and branch office do not constitute two law firms (Ouano Arrastre
Services, Inc. Vs Aleonar 202 SCRA 619)
Death of a partner does not extinguish the client-lawyer relationship with the law firm.
(B.R. Sebastian Enterprises Inc vs CA 206 SCRA 28)
Negligence of a member in the law firm is negligence of the firm (Antonio vs CA 153
SCRA 592).
RULE 3.03
WHERE A PARTNER ACCEPTS PUBLIC OFFICE, HE SHALL WITHDRAW FROM THE FIRM AND
HIS NAME SHALL BE DROPPED FROM THE FIRM NAME UNLESS THE LAW ALLOWS HIM
TO PRACTICE LAW CONCURRENTLY.

Reason for the rule is:

1. To prevent the law firm or partners from making use of the name of the public official
to attract legal business; and
2. To avoid suspicion of undue influence (report of IBP Committee, p. 16)
Officers not allowed to practice law are, among others:
1. Judge 7. governors
2. President of PH 8. Mayors
3. Members of Constitutional Convention 9. Prosecutors
4. Members of congress 10. others specially disqualified by law
or regulations
5. Members of cabinet
6. Members of Judicial and Bar Council
RULE 3.04
A LAWYER SHALL NOT PAY OR GIVE ANYTHING OF VALUE TO REPRESENTATIVES OF
THE MASS MEDIA IN ANTICIPATION OF, OR IN RETURN FOR, PUBLICITY TO
ATTRACT LEGAL BUSINESS.

A lawyer who seeks publicity to attract legal business is debasing the legal
profession, specially so, if he pays something of value for it.
BEST ADVERTIEMENT FOR A LAWYER the establishment of a well-maintained
reputation for professional capacity and fidelity to trust (Director of Religious
Affairs VS. Bayot, 74 Phil. 579).
CANON 4
A LAWYER SHALL PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
ADMINISTRATION OF JUSTICE.

Through collective efforts, lawyers can contribute to the enhancement of the

system by: (1) presenting position papers or resolutions for the introduction of
pertinent bills in Congress; (2) petitions with the Supreme Court for the
amendment of the Rules of Court or introduction of New Rules; and (3) petitions
with the IBP and other forums which have any relevant influence to the system.
Experienced legal practitioners and professors of law may write legal publications
or books as an avenue of improving the legal system
 CANON 5
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING
LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW
SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING INFORMATION REGARDING LAW AND JURISPRUDENCE.
The Bar has been integrated for the attainment of the following objectives:
(a)Elevate the standards of the legal profession;
(b)Improve the administration of justice; and
(c)To enable the bar to discharge its public responsibility more effectively
In order to keep themselves abreast of legal developments, the lawyer must walk with the
dynamic movements of the law and jurisprudence.
He must acquaint himself at least with the newly promulgated laws, the recent decisions of
the Supreme Court and of the significant decisions of the Court of Appeals.
The lawyers life is one continuous and laborious study, otherwise, his skill and knowledge of
the law and related disciplines will lag behind and become obscure due to obsoleteness.
 Judges by the nature of their functions, must keep abreast with the laws, rulings,
and decisions of the Supreme Court
It is the bounden duty of counsel as lawyer in active law practice to keep abreast of
decisions of the Supreme Court particularly where issues have been clarified,
consistently reiterated, and published in the advance reports of Supreme Court
decisions and in such publications as the Supreme Court Reports Annotated
(SCRA) and law journals. (De Roy vs CA, 157 SCRA 757)
In decreeing the integration of the Philippine Bar, the Supreme Court has given
renewed significance to the obligation to:
1. Encourage and foster legal education;
2. Devise and maintain a program of continuing legal education; and
3. Conduct campaigns to educate the people on their legal rights and obligations,
on the importance of preventive legal service, and on the true functions of the
Filipino lawyer.
To keep the lawyers, specially practicing lawyers, abreast with the law and
jurisprudence, continuing legal education should be made mandatory by the
Supreme Court.
CANON 7
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION, AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the
bar.
Before taking the bar, candidate will be denied permission to the examinations.
After he had taken the exam but before having taken his oath, he will not be
allowed to take the oath (People vs Luna).
After the candidate had taken his oath as a lawyer, his name will be stricken from
the Roll of Attorneys.
CASES FOR RULE 7.01
In Re: Ramon Galang (66 SCRA 282)
Held: That the concealment of an attorney in his application to take the Bar
examinations of the fact that he had been charged with, or indicted for an alleged
crime, is a ground for revocation of his license to practice law, is well settled.

Diao vs Martinez (7 SCRA 477)

The name Telesforo A. Diao was stricken off the Roll of Attorneys for false
pretenses on his educational attainment. He misrepresented that he finished
Associate in Arts Degree when in truth he had no such degree.
WHAT IS THE EFFECT IF THE CRIME CONCEALED DOES NOT INVOLVED MORAL
TURPITUDE?
 When the applicant concealed a charged of a crime against him but which
crime does not involved moral turpitude, this concealment nevertheless will be
taken against him.

When he made a concealment, he perpetrated perjury (In re: Galang, 66 SCRA

282; Heron S. Meling Case, 431 SCRA 1460).
Prohibiton against Candidates
No candidate shall endeavor to influence any member of the committee,
and during examination the candidates shall not communicate with each other
nor shall they give or receive any assistance. The candidate who violates this
provision or any other provision of this rule shall be barred from the examination,
and the same to count as a failure against him, and further disciplinary action,
including permanent disqualification (Rule 138, Sec.13, Rules of Court)
RULE 7. 02
A lawyer shall not support the application for admission to the bar
of any person known by him to be unqualified in respect to character,
education or other relevant attribute.

A lawyer shall not make no recommendation or endorsement of any applicant for

admission to the bar, if he knows the the applicant is not qualified ...
It is even his duty to the society to do something to prevent such applicant from
taking the bar.
 Public policy demands that any person seeking admission to the bar shall
possess such degree of learning and proficiency in law as is necessary for due
performance of the duties of the attorney.
His support to an applicant must be solely based on FITNESS, both
INTELLECTUAL and MORAL.
The act of supporting the application to the Bar any person known to him to be
unqualified constitutes gross misconduct in office
RULE 7. 03

A lawyer shall not engage in conduct that adversely reflects on his

fitness to practice law nor shall he, whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.
 A LAWYER MUST AT ALL TIMES CONDUCT HIMSELF PROPERLY AS NOT TO PUT
INTO QUESTION HIS FITNESS TO PRACTICE LAW.
If good moral character is a qualification for the privilege to enter upon the
practice of law, it is essential during the continuance of the practice and the
exercise of the privilege (Quingwa vs Armando Puno, 19 SCRA 439).
A lawyer who commits an unlawful act though not related to the discharge of his
professional duties as a member of the Bar, which puts his moral character in
serious doubt, renders him unfit to continue in the practice of law (Melendrez vs
Decena)
AVOIDANCE OF SCANDALOUS CONDUCT